Experienced Queens Workers’ Compensation Law Firm
Representing Workers Suffering From Occupational Diseases
Workers’ compensation is not limited to accidents and the injuries that are the result of said accidents. If you become ill because of your job, you may be entitled to benefits like any injured employee.
The main difference between being injured and becoming ill is that a person can become disabled with no lost time from work. An illness can slowly impact your life, and there is no set date where you became “ill,” but there is a date of disablement, determined by the Law Judge ordinarily. That date can be when you first began treating with a physician, your first day you couldn’t work, and can determine the timeliness of your filing.
It is important to understand your rights under workers’ compensation laws. The Law Offices of George Poulos has over 30 years of experience helping people who become ill because of their jobs – conditions that are ‘incident to employment’.
Our firm is ready to assess your situation, help you understand your rights, guide you through your options, and effectively represent your legal needs. If you need our help, please contact The Law Offices of George Poulos for a consultation.
Occupational diseases and illnesses
An occupational disease can cover a wide range of ailments, including hearing loss, cancer, asbestosis, lead poisoning, and more. Filing a claim for workers’ compensation because of an occupational disease is a bit different than injury claims. The time limit for filing a claim is the later of two dates:
- Two years from the disability first being diagnosed or existing, or
- Two years from the date the worker found out or should have reasonably known the disease was work-related
As stated above, a disability can be caused by an occupational disease without losing time at work. A Workers’ Compensation Law Judge will determine the date of disablement when assessing the employee’s rights to benefits. You may need to call us to defend you from the insurance company disputing whether your condition is causally related to your work and whether you have timely filed.
Occupational hearing loss
If you are subject to the loss of hearing because of your occupation, you may be entitled to disability benefits. It is important to understand that special time limits apply to you. You may file a claim 3 months after the date you were removed from the harmful noise or 3 months after leaving the employment that exposed you to the harmful noise. That 3-month mark is the date the courts often consider the date the disability began.
If You Think You Are Too Late, You May Not Be
Hearing loss claims carry a rule most workers never hear about, and it can rescue a claim that looks dead. Under Workers’ Compensation Law section 49-bb, a hearing loss claim is not barred by the ordinary two-year deadline, provided it is filed within 90 days after you learn that the loss was caused by your work. That is a genuine second chance. A machinist who retired six years ago and only recently learned from an audiologist that the damage came from the shop floor is not automatically out of time.
The same logic runs through occupational disease claims generally. The clock is tied to knowledge, not to the first day you felt something. Carriers know this and will still argue you waited too long. That argument is often wrong, and it is worth testing before you accept it.
Hearing loss is also compensated as a schedule loss of use. A total loss of hearing in both ears is worth 150 weeks of benefits, and a partial loss is paid as a percentage of that figure. If a hearing test shows measurable loss, there is likely an award attached to it even if you never missed a day of work.
The insurer is generally the last employer who exposed you to harmful noise, which matters if you moved between loud jobs over a career. Bring your work history when you call. It is often the difference between a claim that gets paid and one that gets fought.
Carpal Tunnel Syndrome / Cubital Tunnel Syndrome:
Carpal Tunnel claims arise from repetitive stress on the wrists – and similarly, other nerve conditions like Cubital Tunnel Syndrome may cause New York workers to have nerve-induced issues. Whether you are conducting a subway train, typing at a desk, or performing repetitive tasks of light, medium, or heavy-duty nature, the numbness, tingling, and discomfort of Carpal Tunnel is something you may need a lawyer to assist you with obtaining benefits for. Companies oftentimes try to dispute ‘causal relationship’ or, in other words, argue that your claim should be denied due to the absence of evidence of it being ‘caused by’ your job.
Contact The Law Offices of George Poulos
Though most people consider workers’ compensation laws when they are injured in an accident, it also applies to those who suffer disease and illness as well; the unique features of your job, the timeline of disability, and the existence of pre-existing conditions are all considerations in occupational disease claims. To prepare your best application for benefits, it is important to have legal representation when filing your claim because of the various factors and time constraints that can impact one’s entitlement to benefits. If you need effective and compassionate legal services from an experienced attorney, please contact The Law Offices of George Poulos for a consultation.